81_FR_11382 81 FR 11340 - Women-Owned Small Business Federal Contract Program; Identification of Eligible Industries

81 FR 11340 - Women-Owned Small Business Federal Contract Program; Identification of Eligible Industries

SMALL BUSINESS ADMINISTRATION

Federal Register Volume 81, Issue 42 (March 3, 2016)

Page Range11340-11343
FR Document2016-04762

In order to carry out the Women-Owned Small Business Federal Contract Program (WOSB Program), the U.S. Small Business Administration (SBA) was required by section 825 of the National Defense Authorization Act of 2015 to conduct a new study identifying the industries in which women-owned small businesses are underrepresented in Federal contracting and to report to Congress on the results of that study by January 2, 2016. In accordance with this statutory mandate, SBA has provided this report to Congress and with this notice, notifies the public of the results of this study and identifies the industries designated by SBA as eligible for the WOSB Program.

Federal Register, Volume 81 Issue 42 (Thursday, March 3, 2016)
[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Pages 11340-11343]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04762]


=======================================================================
-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION


Women-Owned Small Business Federal Contract Program; 
Identification of Eligible Industries

AGENCY: Small Business Administration.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In order to carry out the Women-Owned Small Business Federal 
Contract Program (WOSB Program), the U.S. Small Business Administration 
(SBA) was required by section 825 of the National Defense Authorization 
Act of 2015 to conduct a new study identifying the industries in which 
women-owned small businesses are underrepresented in Federal 
contracting and to report to Congress on the results of that study by 
January 2, 2016. In accordance with this statutory mandate, SBA has 
provided this report to Congress and with this notice, notifies the 
public of the results of this study and identifies the industries 
designated by SBA as eligible for the WOSB Program.

DATES: This notice is effective March 3, 2016. The designations of 
industries contained in this notice apply to all solicitations issued 
on or after the effective date.

FOR FURTHER INFORMATION CONTACT: Mr. Leo Sanchez, Office of Government 
Contracting, U.S. Small Business Administration, 409 Third Street SW., 
Washington, DC 20416; (202) 619-1658; [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Under section 8(m) of the Small Business Act, 15 U.S.C. 637(m), SBA 
is responsible for implementing and administering the WOSB Program, 
which went into effect on February 4, 2011. The purpose of the WOSB 
Program is to ensure that women-owned small businesses (WOSBs) have an 
equal opportunity to participate in Federal contracting and to help 
attain the Federal government's goal of awarding five percent of its 
prime contract dollars to WOSBs. The WOSB Program authorizes Federal 
contracting officers to restrict competition for an acquisition to 
WOSBs if there is a reasonable expectation that at least two WOSBs will 
submit offers that meet the requirements of the acquisition at a fair 
and reasonable price and if the acquisition is for a good or service 
assigned a North American Industry Classification System (NAICS) code 
in which SBA has determined that WOSBs are ``substantially 
underrepresented.'' The WOSB Program also authorizes contracting 
officers to award a sole source contract assigned such a NAICS code to 
a WOSB if only one WOSB can be identified that can perform the contract 
at a fair and reasonable price. In addition, Economically Disadvantaged 
Women-Owned Small Businesses (EDWOSBs) can likewise receive set-asides 
and sole source awards similar to those described above for WOSBs, and 
in a larger set of industries where SBA has determined that WOSBs are 
``underrepresented'' but not substantially so.
    In order to identify the industries eligible for set-asides under 
the WOSB Program, the Small Business Act required the SBA Administrator 
to conduct a study to identify those industries in which small business 
concerns owned and controlled by women are underrepresented in Federal 
contracting. 15 U.S.C. 637(m)(4). SBA awarded a contract to the 
Kauffman-RAND Institute for Entrepreneurship Public Policy (RAND) to 
complete a study of the underrepresentation of WOSBs in Federal prime 
contracts by industry code. RAND published the study in April 2007.\1\ 
Prior to the

[[Page 11341]]

effective date of this notice, SBA used the results of the RAND study 
to designate 83 four-digit NAICS industry groups as either 
underrepresented or substantially underrepresented by WOSBs. SBA 
published the designated NAICS codes on the WOSB Program's Web page on 
SBA's Web site, at www.sba.gov/wosb.
---------------------------------------------------------------------------

    \1\ The RAND study is available to the public at http://www.RAND.org/pubs/technical_reports/TR442.
---------------------------------------------------------------------------

    In 2014, Congress amended the Small Business Act to require SBA to 
submit a report to Congress reflecting the results of a new study by 
January 2, 2016, and then continue to conduct a new study every five 
years. Public Law 113-291 825(c) (Dec. 19, 2014). In response to this 
statutory mandate, SBA asked the Office of the Chief Economist (OCE) of 
the U.S. Department of Commerce for assistance in conducting a new 
study on the WOSB Program, which would analyze data to help SBA 
determine those NAICS codes in which WOSBs are underrepresented and 
substantially underrepresented in Federal contracting. OCE looked at 
whether, holding constant various factors that might influence the 
award of a contract, the odds of winning Federal prime contracts by 
firms that were owned by women were greater or less than the odds of 
winning contracts by otherwise similar businesses.

II. Overview of Study and Results

    In its analysis, OCE controlled for the size and age of the firm; 
its membership in various categories of firms for which the Federal 
government has government-wide prime contracting goals; its legal form 
of organization; its level of government security clearance; and its 
Federal prime contracting past performance ratings. OCE also looked at 
whether women-owned businesses typically have significantly different 
experiences in winning contracts depending on their industry. OCE 
performed this analysis at the four-digit NAICS industry group level. 
OCE included each firm in its sample in an industry analysis if the 
firm had registered as being able to perform work in that industry or 
if the firm had won a contract assigned to that industry.
    OCE found that women-owned businesses were less likely to win 
Federal contracts in 254 of the 304 industries included in the study.
    In 109 out of the 304 industries, OCE found that women-owned 
businesses have statistically significant lower odds of winning Federal 
contracts than otherwise similar non-women-owned businesses at the 95% 
confidence level. SBA has determined that the finding by OCE of a 
statistically significant lower likelihood of winning contracts 
demonstrates that WOSBs are substantially underrepresented in these 109 
NAICS codes. However, of these industries, 17 are in sectors 42 and 44-
45, which are not applicable to Federal contracts under SBA's 
regulations. 13 CFR 121.201. These 17 industry group NAICS codes are 
set forth in Table 1, Industries Part of Sectors 42 and 44-45, Not 
Applicable to Federal Contracts Under SBA Regulations.

                       Table 1--Industries Part of Sectors 42 and 44-45, Not Applicable to Federal Contracts Under SBA Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
              NAICS code                                                            NAICS U.S. industry title
--------------------------------------------------------------------------------------------------------------------------------------------------------
4231..................................  Motor Vehicle and Motor Vehicle Parts and Supplies Merchant Wholesalers.
4233..................................  Lumber and Other Construction Materials Merchant Wholesalers.
4234..................................  Professional and Commercial Equipment and Supplies Merchant Wholesalers.
4237..................................  Hardware, and Plumbing and Heating Equipment and Supplies Merchant Wholesalers.
4238..................................  Machinery, Equipment, and Supplies Merchant Wholesalers.
4239..................................  Miscellaneous Durable Goods Merchant Wholesalers.
4242..................................  Drugs and Druggists' Sundries Merchant Wholesalers.
4246..................................  Chemical and Allied Products Merchant Wholesalers.
4249..................................  Miscellaneous Nondurable Goods Merchant Wholesalers.
4251..................................  Wholesale Electronic Markets and Agents and Brokers.
4411..................................  Automobile Dealers.
4421..................................  Furniture Stores.
4422..................................  Home Furnishings Stores.
4441..................................  Building Material and Supplies Dealers.
4442..................................  Lawn and Garden Equipment and Supplies Stores.
4512..................................  Book, Periodical, and Music Stores.
4543..................................  Direct Selling Establishments.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Since the industry groups above cannot be used to classify Federal 
contracts, SBA has excluded them from the list of industries designated 
as substantially underrepresented.
    In addition, OCE found that in 145 out of the 304 industries, the 
odds of women-owned businesses winning contracts were lower than those 
of otherwise similar non-women-owned businesses, but there was not a 
statistically significant difference between the odds of winning for 
the two groups. Although there was not a finding of statistical 
significance for these industries, 21 of them were previously found by 
the RAND study to be industries in which WOSBs are underrepresented or 
substantially underrepresented. Thus, SBA has information showing 
historical underrepresentation of women-owned businesses in these 21 
industries, which is consistent with the OCE finding that women-owned 
businesses are less likely to win contracts. As a result, SBA finds 
that it possesses sufficient data to determine that WOSBs are 
underrepresented in these 21 industries. SBA also believes that this 
decision fulfills the intent of the Small Business Act, which 
demonstrates the intent that the designations of eligible industries be 
based on at least five years of data.
    The full OCE study is available on SBA's Web site at www.sba.gov/wosb.

III. Eligible Industries

    Based on the above, SBA finds a total of 113 industry groups 
eligible for Federal contracting under the WOSB Program. This includes 
21 4-digit NAICS industry groups in which WOSBs are underrepresented 
(meaning contracting officers can make EDWOSB set-aside and sole source 
awards in these industries) and 92 4-digit NAICS industry groups in 
which WOSBs are substantially underrepresented (meaning contracting 
officers can make WOSB set-aside and sole source awards in these 
industries). EDWOSB concerns are eligible to be considered for both 
WOSB and EDWOSB set-aside and sole

[[Page 11342]]

source awards for the 113 NAICS industry groups.
    The 21 NAICS codes in which WOSBs are underrepresented are set 
forth in Table 2, NAICS Codes in which WOSBs are Underrepresented.

        Table 2--NAICS Codes in Which WOSBs Are Underrepresented
------------------------------------------------------------------------
        NAICS code                   NAICS U.S. industry title
------------------------------------------------------------------------
3152.....................  Cut and Sew Apparel Manufacturing.
3219.....................  Other Wood Product Manufacturing.
3259.....................  Other Chemical Product and Preparation
                            Manufacturing.
3333.....................  Commercial and Service Industry Machinery
                            Manufacturing.
3342.....................  Communications Equipment Manufacturing.
3353.....................  Electrical Equipment Manufacturing.
3359.....................  Other Electrical Equipment and Component
                            Manufacturing.
3372.....................  Office Furniture (including Fixtures)
                            Manufacturing.
4841.....................  General Freight Trucking.
4885.....................  Freight Transportation Arrangement.
4889.....................  Other Support Activities for Transportation.
5171.....................  Wired Telecommunications Carriers.
5311.....................  Lessors of Real Estate.
5414.....................  Specialized Design Services.
5611.....................  Office Administrative Services.
5614.....................  Business Support Services.
5621.....................  Waste Collection.
6115.....................  Technical and Trade Schools.
6243.....................  Vocational Rehabilitation Services.
7223.....................  Special Food Services.
8114.....................  Personal and Household Goods Repair and
                            Maintenance.
------------------------------------------------------------------------

    The 92 NAICS codes in which WOSBs are substantially 
underrepresented are set forth in Table 3, NAICS Codes in which WOSBs 
are Substantially Underrepresented.

 Table 3--NAICS Codes in Which WOSBs Are Substantially Underrepresented
------------------------------------------------------------------------
        NAICS code                   NAICS U.S. industry title
------------------------------------------------------------------------
1153.....................  Support Activities for Forestry.
2213.....................  Water, Sewage and Other Systems.
2361.....................  Residential Building Construction.
2362.....................  Nonresidential Building Construction.
2371.....................  Utility System Construction.
2373.....................  Highway, Street, and Bridge Construction.
2379.....................  Other Heavy and Civil Engineering
                            Construction.
2381.....................  Foundation, Structure, and Building Exterior
                            Contractors.
2382.....................  Building Equipment Contractors.
2383.....................  Building Finishing Contractors.
2389.....................  Other Specialty Trade Contractors.
3114.....................  Fruit and Vegetable Preserving and Specialty
                            Food Manufacturing.
3118.....................  Bakeries and Tortilla Manufacturing.
3141.....................  Textile Furnishings Mills.
3149.....................  Other Textile Product Mills.
3231.....................  Printing and Related Support Activities.
3241.....................  Petroleum and Coal Products Manufacturing.
3323.....................  Architectural and Structural Metals
                            Manufacturing.
3324.....................  Boiler, Tank, and Shipping Container
                            Manufacturing.
3325.....................  Hardware Manufacturing.
3328.....................  Coating, Engraving, Heat Treating, and Allied
                            Activities.
3329.....................  Other Fabricated Metal Product Manufacturing.
3331.....................  Agriculture, Construction, and Mining
                            Machinery Manufacturing.
3334.....................  Ventilation, Heating, Air-Conditioning, and
                            Commercial Refrigeration Equipment
                            Manufacturing.
3335.....................  Metalworking Machinery Manufacturing.
3339.....................  Other General Purpose Machinery
                            Manufacturing.
3345.....................  Navigational, Measuring, Electromedical, and
                            Control Instruments Manufacturing.
3346.....................  Manufacturing and Reproducing Magnetic and
                            Optical Media.
3363.....................  Motor Vehicle Parts Manufacturing.
3369.....................  Other Transportation Equipment Manufacturing.
3371.....................  Household and Institutional Furniture and
                            Kitchen Cabinet Manufacturing.
3391.....................  Medical Equipment and Supplies Manufacturing.
3399.....................  Other Miscellaneous Manufacturing.
4831.....................  Deep Sea, Coastal, and Great Lakes Water
                            Transportation.
4842.....................  Specialized Freight Trucking.
4884.....................  Support Activities for Road Transportation.
4931.....................  Warehousing and Storage.

[[Page 11343]]

 
5111.....................  Newspaper, Periodical, Book, and Directory
                            Publishers.
5112.....................  Software Publishers.
5121.....................  Motion Picture and Video Industries.
5122.....................  Sound Recording Industries.
5151.....................  Radio and Television Broadcasting.
5172.....................  Wireless Telecommunications Carriers (except
                            Satellite).
5174.....................  Satellite Telecommunications.
5179.....................  Other Telecommunications.
5182.....................  Data Processing, Hosting, and Related
                            Services.
5191.....................  Other Information Services.
5241.....................  Insurance Carriers.
5242.....................  Agencies, Brokerages, and Other Insurance
                            Related Activities.
5321.....................  Automotive Equipment Rental and Leasing.
5324.....................  Commercial and Industrial Machinery and
                            Equipment Rental and Leasing.
5411.....................  Legal Services.
5412.....................  Accounting, Tax Preparation, Bookkeeping, and
                            Payroll Services.
5413.....................  Architectural, Engineering, and Related
                            Services.
5415.....................  Computer Systems Design and Related Services.
5416.....................  Management, Scientific, and Technical
                            Consulting Services.
5417.....................  Scientific Research and Development Services.
5418.....................  Advertising, Public Relations, and Related
                            Services.
5419.....................  Other Professional, Scientific, and Technical
                            Services.
5612.....................  Facilities Support Services.
5615.....................  Travel Arrangement and Reservation Services.
5616.....................  Investigation and Security Services.
5617.....................  Services to Buildings and Dwellings.
5619.....................  Other Support Services.
5622.....................  Waste Treatment and Disposal.
5629.....................  Remediation and Other Waste Management
                            Services.
6113.....................  Colleges, Universities, and Professional
                            Schools.
6114.....................  Business Schools and Computer and Management
                            Training.
6116.....................  Other Schools and Instruction.
6117.....................  Educational Support Services.
6211.....................  Offices of Physicians.
6214.....................  Outpatient Care Centers.
6215.....................  Medical and Diagnostic Laboratories.
6219.....................  Other Ambulatory Health Care Services.
6221.....................  General Medical and Surgical Hospitals.
6231.....................  Nursing Care Facilities.
6242.....................  Community Food and Housing, and Emergency and
                            Other Relief Services.
7112.....................  Spectator Sports.
7113.....................  Promoters of Performing Arts, Sports, and
                            Similar Events.
7114.....................  Agents and Managers for Artists, Athletes,
                            Entertainers, and Other Public Figures.
7115.....................  Independent Artists, Writers, and Performers.
7211.....................  Traveler Accommodation.
7212.....................  RV (Recreational Vehicle) Parks and
                            Recreational Camps.
7225.....................  Restaurants and Other Eating Places.
8111.....................  Automotive Repair and Maintenance.
8112.....................  Electronic and Precision Equipment Repair and
                            Maintenance.
8113.....................  Commercial and Industrial Machinery and
                            Equipment (except Automotive and Electronic)
                            Repair and Maintenance.
8121.....................  Personal Care Services.
8123.....................  Drycleaning and Laundry Services.
8129.....................  Other Personal Services.
8131.....................  Religious Organizations.
8139.....................  Business, Professional, Labor, Political, and
                            Similar Organizations.
------------------------------------------------------------------------

    SBA has posted the list of designated NAICS codes on its Web site 
at www.sba.gov/wosb and they are effective as set forth in this notice.

    Dated: February 29, 2016.
A. John Shoraka,
Associate Administrator, Government Contracting and Business 
Development.
[FR Doc. 2016-04762 Filed 3-2-16; 8:45 am]
 BILLING CODE 8025-01-P



                                                  11340                          Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices

                                                  TRF a more attractive facility on which                 Commission, and all written                            FOR FURTHER INFORMATION CONTACT:   Mr.
                                                  to report trades.                                       communications relating to the                         Leo Sanchez, Office of Government
                                                                                                          proposed rule change between the                       Contracting, U.S. Small Business
                                                  C. Self-Regulatory Organization’s
                                                                                                          Commission and any person, other than                  Administration, 409 Third Street SW.,
                                                  Statement on Comments on the
                                                                                                          those that may be withheld from the                    Washington, DC 20416; (202) 619–1658;
                                                  Proposed Rule Change Received From                      public in accordance with the                          wosb@sba.gov.
                                                  Members, Participants, or Others                        provisions of 5 U.S.C. 552, will be                    SUPPLEMENTARY INFORMATION:
                                                    Written comments were neither                         available for Web site viewing and
                                                  solicited nor received.                                 printing in the Commission’s Public                    I. Background
                                                                                                          Reference Room, 100 F Street NE.,                         Under section 8(m) of the Small
                                                  III. Date of Effectiveness of the
                                                                                                          Washington, DC 20549 on official                       Business Act, 15 U.S.C. 637(m), SBA is
                                                  Proposed Rule Change and Timing for
                                                                                                          business days between the hours of                     responsible for implementing and
                                                  Commission Action
                                                                                                          10:00 a.m. and 3:00 p.m. Copies of such                administering the WOSB Program,
                                                     The foregoing rule change has become                 filing also will be available for                      which went into effect on February 4,
                                                  effective pursuant to Section 19(b)(3)(A)               inspection and copying at the principal                2011. The purpose of the WOSB
                                                  of the Act 14 and paragraph (f)(2) of Rule              office of FINRA. All comments received                 Program is to ensure that women-owned
                                                  19b–4 thereunder.15 At any time within                  will be posted without change; the                     small businesses (WOSBs) have an
                                                  60 days of the filing of the proposed rule              Commission does not edit personal                      equal opportunity to participate in
                                                  change, the Commission summarily may                    identifying information from                           Federal contracting and to help attain
                                                  temporarily suspend such rule change if                 submissions. You should submit only                    the Federal government’s goal of
                                                  it appears to the Commission that such                  information that you wish to make                      awarding five percent of its prime
                                                  action is necessary or appropriate in the               available publicly. All submissions                    contract dollars to WOSBs. The WOSB
                                                  public interest, for the protection of                  should refer to File Number SR–FINRA–                  Program authorizes Federal contracting
                                                  investors, or otherwise in furtherance of               2016–009, and should be submitted on                   officers to restrict competition for an
                                                  the purposes of the Act. If the                         or before March 24, 2016.                              acquisition to WOSBs if there is a
                                                  Commission takes such action, the                         For the Commission, by the Division of               reasonable expectation that at least two
                                                  Commission shall institute proceedings                  Trading and Markets, pursuant to delegated             WOSBs will submit offers that meet the
                                                  to determine whether the proposed rule                  authority.16                                           requirements of the acquisition at a fair
                                                  should be approved or disapproved.                      Robert W. Errett,                                      and reasonable price and if the
                                                                                                          Deputy Secretary.                                      acquisition is for a good or service
                                                  IV. Solicitation of Comments
                                                                                                          [FR Doc. 2016–04635 Filed 3–2–16; 8:45 am]             assigned a North American Industry
                                                    Interested persons are invited to                                                                            Classification System (NAICS) code in
                                                                                                          BILLING CODE 8011–01–P
                                                  submit written data, views, and                                                                                which SBA has determined that WOSBs
                                                  arguments concerning the foregoing,                                                                            are ‘‘substantially underrepresented.’’
                                                  including whether the proposed rule                                                                            The WOSB Program also authorizes
                                                  change is consistent with the Act.                      SMALL BUSINESS ADMINISTRATION
                                                                                                                                                                 contracting officers to award a sole
                                                  Comments may be submitted by any of                     Women-Owned Small Business                             source contract assigned such a NAICS
                                                  the following methods:                                  Federal Contract Program;                              code to a WOSB if only one WOSB can
                                                  Electronic Comments                                     Identification of Eligible Industries                  be identified that can perform the
                                                                                                                                                                 contract at a fair and reasonable price.
                                                    • Use the Commission’s Internet                       AGENCY:     Small Business Administration.             In addition, Economically
                                                  comment form (http://www.sec.gov/                       ACTION:     Notice.                                    Disadvantaged Women-Owned Small
                                                  rules/sro.shtml); or                                                                                           Businesses (EDWOSBs) can likewise
                                                    • Send an email to rule-comments@                     SUMMARY:   In order to carry out the
                                                                                                                                                                 receive set-asides and sole source
                                                  sec.gov. Please include File Number SR–                 Women-Owned Small Business Federal
                                                                                                                                                                 awards similar to those described above
                                                  FINRA–2016–009 on the subject line.                     Contract Program (WOSB Program), the
                                                                                                                                                                 for WOSBs, and in a larger set of
                                                                                                          U.S. Small Business Administration
                                                  Paper Comments                                                                                                 industries where SBA has determined
                                                                                                          (SBA) was required by section 825 of
                                                                                                                                                                 that WOSBs are ‘‘underrepresented’’ but
                                                    • Send paper comments in triplicate                   the National Defense Authorization Act
                                                                                                                                                                 not substantially so.
                                                  to Secretary, Securities and Exchange                   of 2015 to conduct a new study
                                                                                                                                                                    In order to identify the industries
                                                  Commission, 100 F Street NE.,                           identifying the industries in which
                                                                                                                                                                 eligible for set-asides under the WOSB
                                                  Washington, DC 20549–1090.                              women-owned small businesses are
                                                                                                                                                                 Program, the Small Business Act
                                                  All submissions should refer to File                    underrepresented in Federal contracting
                                                                                                                                                                 required the SBA Administrator to
                                                  Number SR–FINRA–2016–009. This file                     and to report to Congress on the results
                                                                                                                                                                 conduct a study to identify those
                                                  number should be included on the                        of that study by January 2, 2016. In
                                                                                                                                                                 industries in which small business
                                                  subject line if email is used. To help the              accordance with this statutory mandate,
                                                                                                                                                                 concerns owned and controlled by
                                                  Commission process and review your                      SBA has provided this report to
                                                                                                                                                                 women are underrepresented in Federal
                                                  comments more efficiently, please use                   Congress and with this notice, notifies
                                                                                                          the public of the results of this study                contracting. 15 U.S.C. 637(m)(4). SBA
                                                  only one method. The Commission will                                                                           awarded a contract to the Kauffman-
                                                  post all comments on the Commission’s                   and identifies the industries designated
                                                                                                          by SBA as eligible for the WOSB                        RAND Institute for Entrepreneurship
                                                  Internet Web site (http://www.sec.gov/                                                                         Public Policy (RAND) to complete a
                                                                                                          Program.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  rules/sro.shtml). Copies of the                                                                                study of the underrepresentation of
                                                  submission, all subsequent                              DATES: This notice is effective March 3,               WOSBs in Federal prime contracts by
                                                  amendments, all written statements                      2016. The designations of industries                   industry code. RAND published the
                                                  with respect to the proposed rule                       contained in this notice apply to all                  study in April 2007.1 Prior to the
                                                  change that are filed with the                          solicitations issued on or after the
                                                                                                          effective date.                                          1 The RAND study is available to the public at
                                                    14 15 U.S.C. 78s(b)(3)(A).                                                                                   http://www.RAND.org/pubs/technical_reports/
                                                    15 17 CFR 240.19b–4(f)(2).                              16 17   CFR 200.30–3(a)(12).                         TR442.



                                             VerDate Sep<11>2014   19:17 Mar 02, 2016   Jkt 238001   PO 00000   Frm 00168    Fmt 4703   Sfmt 4703   E:\FR\FM\03MRN1.SGM   03MRN1


                                                                                           Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices                                                        11341

                                                  effective date of this notice, SBA used                                      whether, holding constant various                       in that industry or if the firm had won
                                                  the results of the RAND study to                                             factors that might influence the award of               a contract assigned to that industry.
                                                  designate 83 four-digit NAICS industry                                       a contract, the odds of winning Federal                    OCE found that women-owned
                                                  groups as either underrepresented or                                         prime contracts by firms that were                      businesses were less likely to win
                                                  substantially underrepresented by                                            owned by women were greater or less                     Federal contracts in 254 of the 304
                                                  WOSBs. SBA published the designated                                          than the odds of winning contracts by                   industries included in the study.
                                                  NAICS codes on the WOSB Program’s                                            otherwise similar businesses.
                                                                                                                                                                                          In 109 out of the 304 industries, OCE
                                                  Web page on SBA’s Web site, at                                               II. Overview of Study and Results                       found that women-owned businesses
                                                  www.sba.gov/wosb.
                                                                                                                                  In its analysis, OCE controlled for the              have statistically significant lower odds
                                                     In 2014, Congress amended the Small                                       size and age of the firm; its membership                of winning Federal contracts than
                                                  Business Act to require SBA to submit                                        in various categories of firms for which                otherwise similar non-women-owned
                                                  a report to Congress reflecting the                                          the Federal government has                              businesses at the 95% confidence level.
                                                  results of a new study by January 2,                                         government-wide prime contracting                       SBA has determined that the finding by
                                                  2016, and then continue to conduct a                                         goals; its legal form of organization; its              OCE of a statistically significant lower
                                                  new study every five years. Public Law                                       level of government security clearance;                 likelihood of winning contracts
                                                  113–291 825(c) (Dec. 19, 2014). In                                           and its Federal prime contracting past                  demonstrates that WOSBs are
                                                  response to this statutory mandate, SBA                                      performance ratings. OCE also looked at                 substantially underrepresented in these
                                                  asked the Office of the Chief Economist                                      whether women-owned businesses                          109 NAICS codes. However, of these
                                                  (OCE) of the U.S. Department of                                              typically have significantly different                  industries, 17 are in sectors 42 and 44–
                                                  Commerce for assistance in conducting                                        experiences in winning contracts                        45, which are not applicable to Federal
                                                  a new study on the WOSB Program,                                             depending on their industry. OCE                        contracts under SBA’s regulations. 13
                                                  which would analyze data to help SBA                                         performed this analysis at the four-digit               CFR 121.201. These 17 industry group
                                                  determine those NAICS codes in which                                         NAICS industry group level. OCE                         NAICS codes are set forth in Table 1,
                                                  WOSBs are underrepresented and                                               included each firm in its sample in an                  Industries Part of Sectors 42 and 44–45,
                                                  substantially underrepresented in                                            industry analysis if the firm had                       Not Applicable to Federal Contracts
                                                  Federal contracting. OCE looked at                                           registered as being able to perform work                Under SBA Regulations.

                                                       TABLE 1—INDUSTRIES PART OF SECTORS 42 AND 44–45, NOT APPLICABLE TO FEDERAL CONTRACTS UNDER SBA
                                                                                                 REGULATIONS
                                                                                   NAICS code                                                                                  NAICS U.S. industry title

                                                  4231   ..................................................................................   Motor Vehicle and Motor Vehicle Parts and Supplies Merchant Wholesalers.
                                                  4233   ..................................................................................   Lumber and Other Construction Materials Merchant Wholesalers.
                                                  4234   ..................................................................................   Professional and Commercial Equipment and Supplies Merchant Wholesalers.
                                                  4237   ..................................................................................   Hardware, and Plumbing and Heating Equipment and Supplies Merchant Wholesalers.
                                                  4238   ..................................................................................   Machinery, Equipment, and Supplies Merchant Wholesalers.
                                                  4239   ..................................................................................   Miscellaneous Durable Goods Merchant Wholesalers.
                                                  4242   ..................................................................................   Drugs and Druggists’ Sundries Merchant Wholesalers.
                                                  4246   ..................................................................................   Chemical and Allied Products Merchant Wholesalers.
                                                  4249   ..................................................................................   Miscellaneous Nondurable Goods Merchant Wholesalers.
                                                  4251   ..................................................................................   Wholesale Electronic Markets and Agents and Brokers.
                                                  4411   ..................................................................................   Automobile Dealers.
                                                  4421   ..................................................................................   Furniture Stores.
                                                  4422   ..................................................................................   Home Furnishings Stores.
                                                  4441   ..................................................................................   Building Material and Supplies Dealers.
                                                  4442   ..................................................................................   Lawn and Garden Equipment and Supplies Stores.
                                                  4512   ..................................................................................   Book, Periodical, and Music Stores.
                                                  4543   ..................................................................................   Direct Selling Establishments.



                                                  Since the industry groups above cannot                                       underrepresented or substantially                       III. Eligible Industries
                                                  be used to classify Federal contracts,                                       underrepresented. Thus, SBA has
                                                  SBA has excluded them from the list of                                       information showing historical                            Based on the above, SBA finds a total
                                                  industries designated as substantially                                       underrepresentation of women-owned                      of 113 industry groups eligible for
                                                  underrepresented.                                                            businesses in these 21 industries, which                Federal contracting under the WOSB
                                                                                                                               is consistent with the OCE finding that                 Program. This includes 21 4-digit
                                                     In addition, OCE found that in 145
                                                                                                                               women-owned businesses are less likely                  NAICS industry groups in which
                                                  out of the 304 industries, the odds of
                                                  women-owned businesses winning                                               to win contracts. As a result, SBA finds                WOSBs are underrepresented (meaning
                                                  contracts were lower than those of                                           that it possesses sufficient data to                    contracting officers can make EDWOSB
                                                  otherwise similar non-women-owned                                            determine that WOSBs are                                set-aside and sole source awards in
                                                                                                                               underrepresented in these 21 industries.                these industries) and 92 4-digit NAICS
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  businesses, but there was not a
                                                  statistically significant difference                                         SBA also believes that this decision                    industry groups in which WOSBs are
                                                  between the odds of winning for the two                                      fulfills the intent of the Small Business               substantially underrepresented
                                                  groups. Although there was not a                                             Act, which demonstrates the intent that                 (meaning contracting officers can make
                                                  finding of statistical significance for                                      the designations of eligible industries be              WOSB set-aside and sole source awards
                                                  these industries, 21 of them were                                            based on at least five years of data.                   in these industries). EDWOSB concerns
                                                  previously found by the RAND study to                                           The full OCE study is available on                   are eligible to be considered for both
                                                  be industries in which WOSBs are                                             SBA’s Web site at www.sba.gov/wosb.                     WOSB and EDWOSB set-aside and sole


                                             VerDate Sep<11>2014        19:17 Mar 02, 2016          Jkt 238001        PO 00000        Frm 00169    Fmt 4703   Sfmt 4703   E:\FR\FM\03MRN1.SGM   03MRN1


                                                  11342                              Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices

                                                  source awards for the 113 NAICS                                The 21 NAICS codes in which WOSBs                   Table 2, NAICS Codes in which WOSBs
                                                  industry groups.                                             are underrepresented are set forth in                 are Underrepresented.

                                                                                        TABLE 2—NAICS CODES IN WHICH WOSBS ARE UNDERREPRESENTED
                                                     NAICS code                                                                       NAICS U.S. industry title

                                                  3152   ..................   Cut and Sew Apparel Manufacturing.
                                                  3219   ..................   Other Wood Product Manufacturing.
                                                  3259   ..................   Other Chemical Product and Preparation Manufacturing.
                                                  3333   ..................   Commercial and Service Industry Machinery Manufacturing.
                                                  3342   ..................   Communications Equipment Manufacturing.
                                                  3353   ..................   Electrical Equipment Manufacturing.
                                                  3359   ..................   Other Electrical Equipment and Component Manufacturing.
                                                  3372   ..................   Office Furniture (including Fixtures) Manufacturing.
                                                  4841   ..................   General Freight Trucking.
                                                  4885   ..................   Freight Transportation Arrangement.
                                                  4889   ..................   Other Support Activities for Transportation.
                                                  5171   ..................   Wired Telecommunications Carriers.
                                                  5311   ..................   Lessors of Real Estate.
                                                  5414   ..................   Specialized Design Services.
                                                  5611   ..................   Office Administrative Services.
                                                  5614   ..................   Business Support Services.
                                                  5621   ..................   Waste Collection.
                                                  6115   ..................   Technical and Trade Schools.
                                                  6243   ..................   Vocational Rehabilitation Services.
                                                  7223   ..................   Special Food Services.
                                                  8114   ..................   Personal and Household Goods Repair and Maintenance.



                                                    The 92 NAICS codes in which WOSBs                          which WOSBs are Substantially
                                                  are substantially underrepresented are                       Underrepresented.
                                                  set forth in Table 3, NAICS Codes in

                                                                               TABLE 3—NAICS CODES IN WHICH WOSBS ARE SUBSTANTIALLY UNDERREPRESENTED
                                                     NAICS code                                                                       NAICS U.S. industry title

                                                  1153   ..................   Support Activities for Forestry.
                                                  2213   ..................   Water, Sewage and Other Systems.
                                                  2361   ..................   Residential Building Construction.
                                                  2362   ..................   Nonresidential Building Construction.
                                                  2371   ..................   Utility System Construction.
                                                  2373   ..................   Highway, Street, and Bridge Construction.
                                                  2379   ..................   Other Heavy and Civil Engineering Construction.
                                                  2381   ..................   Foundation, Structure, and Building Exterior Contractors.
                                                  2382   ..................   Building Equipment Contractors.
                                                  2383   ..................   Building Finishing Contractors.
                                                  2389   ..................   Other Specialty Trade Contractors.
                                                  3114   ..................   Fruit and Vegetable Preserving and Specialty Food Manufacturing.
                                                  3118   ..................   Bakeries and Tortilla Manufacturing.
                                                  3141   ..................   Textile Furnishings Mills.
                                                  3149   ..................   Other Textile Product Mills.
                                                  3231   ..................   Printing and Related Support Activities.
                                                  3241   ..................   Petroleum and Coal Products Manufacturing.
                                                  3323   ..................   Architectural and Structural Metals Manufacturing.
                                                  3324   ..................   Boiler, Tank, and Shipping Container Manufacturing.
                                                  3325   ..................   Hardware Manufacturing.
                                                  3328   ..................   Coating, Engraving, Heat Treating, and Allied Activities.
                                                  3329   ..................   Other Fabricated Metal Product Manufacturing.
                                                  3331   ..................   Agriculture, Construction, and Mining Machinery Manufacturing.
                                                  3334   ..................   Ventilation, Heating, Air-Conditioning, and Commercial Refrigeration Equipment Manufacturing.
                                                  3335   ..................   Metalworking Machinery Manufacturing.
                                                  3339   ..................   Other General Purpose Machinery Manufacturing.
                                                  3345   ..................   Navigational, Measuring, Electromedical, and Control Instruments Manufacturing.
                                                  3346   ..................   Manufacturing and Reproducing Magnetic and Optical Media.
                                                  3363   ..................   Motor Vehicle Parts Manufacturing.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  3369   ..................   Other Transportation Equipment Manufacturing.
                                                  3371   ..................   Household and Institutional Furniture and Kitchen Cabinet Manufacturing.
                                                  3391   ..................   Medical Equipment and Supplies Manufacturing.
                                                  3399   ..................   Other Miscellaneous Manufacturing.
                                                  4831   ..................   Deep Sea, Coastal, and Great Lakes Water Transportation.
                                                  4842   ..................   Specialized Freight Trucking.
                                                  4884   ..................   Support Activities for Road Transportation.
                                                  4931   ..................   Warehousing and Storage.



                                             VerDate Sep<11>2014        19:17 Mar 02, 2016   Jkt 238001   PO 00000   Frm 00170   Fmt 4703   Sfmt 4703   E:\FR\FM\03MRN1.SGM   03MRN1


                                                                                     Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices                                           11343

                                                                   TABLE 3—NAICS CODES IN WHICH WOSBS ARE SUBSTANTIALLY UNDERREPRESENTED—Continued
                                                     NAICS code                                                                       NAICS U.S. industry title

                                                  5111   ..................   Newspaper, Periodical, Book, and Directory Publishers.
                                                  5112   ..................   Software Publishers.
                                                  5121   ..................   Motion Picture and Video Industries.
                                                  5122   ..................   Sound Recording Industries.
                                                  5151   ..................   Radio and Television Broadcasting.
                                                  5172   ..................   Wireless Telecommunications Carriers (except Satellite).
                                                  5174   ..................   Satellite Telecommunications.
                                                  5179   ..................   Other Telecommunications.
                                                  5182   ..................   Data Processing, Hosting, and Related Services.
                                                  5191   ..................   Other Information Services.
                                                  5241   ..................   Insurance Carriers.
                                                  5242   ..................   Agencies, Brokerages, and Other Insurance Related Activities.
                                                  5321   ..................   Automotive Equipment Rental and Leasing.
                                                  5324   ..................   Commercial and Industrial Machinery and Equipment Rental and Leasing.
                                                  5411   ..................   Legal Services.
                                                  5412   ..................   Accounting, Tax Preparation, Bookkeeping, and Payroll Services.
                                                  5413   ..................   Architectural, Engineering, and Related Services.
                                                  5415   ..................   Computer Systems Design and Related Services.
                                                  5416   ..................   Management, Scientific, and Technical Consulting Services.
                                                  5417   ..................   Scientific Research and Development Services.
                                                  5418   ..................   Advertising, Public Relations, and Related Services.
                                                  5419   ..................   Other Professional, Scientific, and Technical Services.
                                                  5612   ..................   Facilities Support Services.
                                                  5615   ..................   Travel Arrangement and Reservation Services.
                                                  5616   ..................   Investigation and Security Services.
                                                  5617   ..................   Services to Buildings and Dwellings.
                                                  5619   ..................   Other Support Services.
                                                  5622   ..................   Waste Treatment and Disposal.
                                                  5629   ..................   Remediation and Other Waste Management Services.
                                                  6113   ..................   Colleges, Universities, and Professional Schools.
                                                  6114   ..................   Business Schools and Computer and Management Training.
                                                  6116   ..................   Other Schools and Instruction.
                                                  6117   ..................   Educational Support Services.
                                                  6211   ..................   Offices of Physicians.
                                                  6214   ..................   Outpatient Care Centers.
                                                  6215   ..................   Medical and Diagnostic Laboratories.
                                                  6219   ..................   Other Ambulatory Health Care Services.
                                                  6221   ..................   General Medical and Surgical Hospitals.
                                                  6231   ..................   Nursing Care Facilities.
                                                  6242   ..................   Community Food and Housing, and Emergency and Other Relief Services.
                                                  7112   ..................   Spectator Sports.
                                                  7113   ..................   Promoters of Performing Arts, Sports, and Similar Events.
                                                  7114   ..................   Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures.
                                                  7115   ..................   Independent Artists, Writers, and Performers.
                                                  7211   ..................   Traveler Accommodation.
                                                  7212   ..................   RV (Recreational Vehicle) Parks and Recreational Camps.
                                                  7225   ..................   Restaurants and Other Eating Places.
                                                  8111   ..................   Automotive Repair and Maintenance.
                                                  8112   ..................   Electronic and Precision Equipment Repair and Maintenance.
                                                  8113   ..................   Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance.
                                                  8121   ..................   Personal Care Services.
                                                  8123   ..................   Drycleaning and Laundry Services.
                                                  8129   ..................   Other Personal Services.
                                                  8131   ..................   Religious Organizations.
                                                  8139   ..................   Business, Professional, Labor, Political, and Similar Organizations.



                                                     SBA has posted the list of designated                     DEPARTMENT OF STATE                                   October 19, 1965 (79 Stat. 985; 22 U.S.C.
                                                  NAICS codes on its Web site at                                                                                     2459), Executive Order 12047 of March
                                                  www.sba.gov/wosb and they are                                [Public Notice: 9461]                                 27, 1978, the Foreign Affairs Reform and
                                                  effective as set forth in this notice.                                                                             Restructuring Act of 1998 (112 Stat.
                                                                                                               Culturally Significant Objects Imported               2681, et seq.; 22 U.S.C. 6501 note, et
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                    Dated: February 29, 2016.
                                                                                                               for Exhibition Determinations:                        seq.), Delegation of Authority No. 234 of
                                                  A. John Shoraka,                                             ‘‘Pergamon and the Hellenistic                        October 1, 1999, Delegation of Authority
                                                  Associate Administrator, Government                          Kingdoms of the Ancient World’’                       No. 236–3 of August 28, 2000 (and, as
                                                  Contracting and Business Development.                        Exhibition                                            appropriate, Delegation of Authority No.
                                                  [FR Doc. 2016–04762 Filed 3–2–16; 8:45 am]
                                                                                                               SUMMARY:  Notice is hereby given of the               257–1 of December 11, 2015), I hereby
                                                  BILLING CODE 8025–01–P
                                                                                                               following determinations: Pursuant to                 determine that the objects to be
                                                                                                               the authority vested in me by the Act of              included in the exhibition ‘‘Pergamon


                                             VerDate Sep<11>2014        19:17 Mar 02, 2016   Jkt 238001   PO 00000   Frm 00171   Fmt 4703   Sfmt 4703   E:\FR\FM\03MRN1.SGM   03MRN1



Document Created: 2016-03-03 03:51:37
Document Modified: 2016-03-03 03:51:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThis notice is effective March 3, 2016. The designations of industries contained in this notice apply to all solicitations issued on or after the effective date.
ContactMr. Leo Sanchez, Office of Government Contracting, U.S. Small Business Administration, 409 Third Street SW., Washington, DC 20416; (202) 619-1658; [email protected]
FR Citation81 FR 11340 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR